The prosecution has petitioned the court to hold several student suspects in custody for 30 days as investigations continue into the Utumishi Girls' fire.
The court is expected to deliver its ruling on the application on June 3.
The fire, which broke out on May 28, 2026, at the school in Gilgil, Nakuru County, claimed the lives of 16 students, while seven others remain admitted to Kenyatta National Hospital with burn injuries.
During Tuesday's court session, the prosecution maintained that detectives need additional time to wrap up their inquiries, particularly the task of locating and recording statements from crucial witnesses said to be scattered in various parts of the country.
The State told the court that early findings suggest the investigation could be compromised if the suspects are freed on bail or bond.
"The school has since been closed indefinitely and students released to their parents. Potential key witnesses in the matter are located in different parts of the country, and investigators need time to get them and record their statements," the prosecution said in court.
Prosecutors further contended that the suspects face grave charges and that the level of public outrage surrounding the case could put their lives in danger if they were released.
"The incident has elicited public outrage, thus placing the safety and lives of the respondents in danger if they are released on bail or bond," the State argued.
Investigators also pointed to the circulation of CCTV footage tied to the incident, noting that its release had inflamed public sentiment and raised fresh security concerns for those implicated.
"The safety and security of the respondents is key, especially after the release of the CCTV footage," the prosecution added.
The State asked the court to find these grounds sufficient to justify keeping the suspects at the Nakuru Children's Remand Home for the next 30 days.
"We also believe it is in the interest of justice to grant the orders we have sought," the prosecution stated.
Lawyers acting for the victims threw their weight behind the application, urging the court to weigh the seriousness of the alleged offences and the importance of safeguarding the investigation.
"We are in support of the application. In considering this application and based on the Victim Protection Act, we urge the court to take into account the magnitude and nature of the offence as well as the public outcry," the victims' lawyer told the court.
They also called on the bench to give investigators ample time to finalise their work before any decision on bail or bond is made. The defence, however, pushed back against the application, accusing the prosecution of seeking to detain the minors before any formal charges had been brought.
"We are opposed to the application. They are looking for pre-trial detention without any charges preferred against the minors," the defence stated.
The respondents' lawyers further argued that the State had not put forward any persuasive grounds to warrant the minors' continued detention.
"There are no compelling reasons as to why the minors should be detained," the defence submitted.
Kipkoech Ngetich, who is representing the suspects, dismissed the prosecution's claims that the minors could obstruct the investigation, insisting that such fears were unfounded.
"Can the children interfere with government agencies involved in the probe? No, that is not possible," Ngetich told the court.
Police are also examining possible links to arson and murder.
In their statements, the students are alleged to have told detectives that the incident was linked to protests over changes to the examination timetable, the school’s decision to levy charges for a cultural event, and influence from peers after a neighbouring boys’ school had staged a strike.
According to investigators, the plan to set fire to the dormitory is reported to have been discussed at around 9 pm and carried out approximately three hours later, with CCTV footage reportedly capturing key moments.
Officers from the Child Protection Unit within the DCI, together with counsellors, were involved in the questioning sessions at Gilgil Police Station.
The grievances raised are said to have been directed at the school administration, which is alleged to have shifted the examination dates from June 16 to June 2.
Other issues mentioned include a planned cultural event for which students were reportedly required to make payments, as well as peer influence from students at a neighbouring school.
A review of CCTV footage is reported to have captured preparations, including the alleged acquisition of matchboxes, mattresses and paraffin ahead of the incident.
Form Three students at the school are said to retire to bed at 9:35 p.m., while Form Four students go to bed at 10:35 p.m.
Homicide detectives involved in the probe believe more individuals could have been involved, noting that the presence of paraffin may suggest external assistance in obtaining the substance.
